Advice about dismissal - please

Amber07

Just wanted to let anyone who follows this thread know that the tribunal has been underway.

We have done three (LONG) days and they only got through 2 witnesses so we have a 4 day extension, which won't be until later in the year.

It does look positive for OH though. Before the ET even got underway the judge questioned the Respondent about the Step 1 letter. Their stance is that even if the procedure had been followed correctly OH would have still 'contributed to his dismissal' therefore they are looking for a Polkey reduction of 100%. Their witnesses have tripped themselves up a few times though and the cracks are appearing....

Our solicitor has approached to negotiate settlement but they are not interested at all (bearing in mind their legal fees are already way higher than what they would have paid OH)

I don't want to go into too many details on the forum as it's only partway through, but if any long term supporters/posters want any specific details, please feel free to pm me

There was me hoping I would be able to say goodbye to this thread this week lol :rotfl:

xxx

hjb123

thanks for the update Amber, have been following the thread and got my fingers crossed for you

keep us all updated:D

dharm999

Amber

I hope it all went well this week, it sounds tough. One point is that from a tactical point of view dont let your solicitor approach them to settle, as that gives the appearance that you feel your case is weak. When we have been involved in ETs we have always taken it as a good sign for us if the other side approach us for a settlement. I know in your case that it isnt true, but that be a factor in thier thinking. I am surprised that they haven't settled yet, given the strength of your case, maybe just sheer bl00dy mindedness instead of looking at things from a sensible logical point of view. As you say they have spent far more in legal costs than what you are looking for, but to them its now a sunk cost, and gone, so not a consideration in their thinking. I hope you can maintain the momentum for the next instalment.

Good luck.

Amber07

dharm999 wrote: »

Amber

I hope it all went well this week, it sounds tough. One point is that from a tactical point of view dont let your solicitor approach them to settle, as that gives the appearance that you feel your case is weak. When we have been involved in ETs we have always taken it as a good sign for us if the other side approach us for a settlement. I know in your case that it isnt true, but that be a factor in thier thinking. I am surprised that they haven't settled yet, given the strength of your case, maybe just sheer bl00dy mindedness instead of looking at things from a sensible logical point of view. As you say they have spent far more in legal costs than what you are looking for, but to them its now a sunk cost, and gone, so not a consideration in their thinking. I hope you can maintain the momentum for the next instalment.

Good luck.

Yeah, we wouldnt approach again - we were trying to think reasonably about the situation (when it was sinking in just how long the process was taking!) That was at the beginning of Day 2, our Solicitor said she wouldn't broach it again as they have had their chance.

I do think it's stubboness on their part - they have made a number of procedural errors which have all been picked up on but they are just determined not to pay a penny. In fact, if OH were to win - I wouldn't put it past them to try and appeal against it.

Anyway I am a lot less nervous about it all and OH is desperate to get up and talk about his side of things He's not even worried about cross examination, as he says - he doesn't have to think to get his story straight, he just has to say what happened, which makes it easier for him than it has been for them. I'm sure they will try and trip him up somewhere, but our Solicitor says he comes across really well, and admitted she had her worries about the case until she met him and says his sincerity really settled any doubts she had (it's her first big ET)

He is still looking for a new job, trying to get back into management and waiting to hear back from a company, so he is occupying himself with that for now rather than dwelling on the ET.

HanSpan

I've not posted for a bit as I've nothing useful to say but I have been avidly following and cheering you on. Well done on how far you've come, and how strong you've been. I'm disappointed its been extended as I was so looking forward to hearing of your victory!
Good luck to your husband in finding a new (and much better) place to work.

sarymclary

Amber07, I just wanted to thank you for posting the events of your husband's case on here. It has been invaluable reading for me today. I am in the process of completing my OH's ET1 today. His ex employers have stalled his appeal to such an extent, that it was heard after 11 weeks and 3 days (so allowing only 4 days until the 90 day limit was up), and even then at our absolute insistence, and with ACAS' involvement twice.

Our case is also an unfair dismissal appeal, where OH was charged with Gross Misconduct. We're also not sure the full disciplinary procedure has been followed correctly and his dismissal was clearly a 'done deal' before he even arrived on the premises for his initial meeting. Anyway, OH is still out of work, having been dismissed last November for such a silly reason too.

I must say I do feel somewhat daunted at the task of preparing for a Tribunal, and we are faced with a dreadful company, who we have been told have in excess of 100 tribunal cases awaiting! We couldn't contemplate affording a solicitor, and have no house insurance, so it's going to be totally down to us. I just hope I can coach my OH to be as confident as your husband sounds to be.

Good luck for later this year!

jobbingmusician

sarymclary, I wonder if you would find my old thread useful, at http://forums.moneysavingexpert.com/showthread.html?t=1462615&highlight=

I know people would find it useful if you added to it, to contribute to the sum total of knowledge, as you go along!

sarymclary

jobbingmusician, I'll do that, and thanks for the link. I can tell we have to brace ourselves now to be in it for the long haul, provided the ET accept it.

Amber07

sarymclary - gosh, I can reverse a year and almost see myself typing that!! My OH never stood a chance at the appeal, it was all decided before even the investigation (as we have been proving, and their witnesses have tripped up to show just that)

A lot of employers seem to try delay tactics, thinking it will help them out, but in the end if it gets to a tribunal, the panel can see through all of that.

Jobbingmusician has posted a link to a fantastic thread, I gleaned a lot of help from it myself. I hope since you last posted you have been able to progress a little further.

The biggest piece of advice I could possibly give you is keep a detailed timeline of events. Ours has been invaluable, especially a year after the event when things are no longer so imprinted in the mind.

Let us know how you are getting on - if you hear back about the ET and if you want any more detailed info (I can only put so much on the forum) please feel free to pm

Best of luck!!

Amber07

Btw, just to let any thread followers know - the extended tribunal isn't until May now. OH still has the same job, he has had a few offers but they would all mean another pay cut which would make things more difficult. He is still looking though.

Bit of gossip......OH got a phone call from someone he worked with at the company. He was told that the boss (the one dealing with the ET for the company) was chatting to him about it last year and said that he had told the ET that the witnesses were all on holiday even though they weren't so he could delay the ET further...his intention was to wind OH up so he would get sick of it all and drop the tribunal (his words)

Little did he know eh?:D